MORTHA NAGARJUNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS criminal revision case is directed against the judgment dated 16. 9. 2002 passed in Crl. A. No. 279 of 2000 on the file of the VI Additional Sessions court (Fast Track Court), East Godavari, rajahmundry, wherein the conviction and sentence imposed by the learned Assistant sessions Judge, Amalapuram, in S. C. No. 99 of 1998, dated 16. 9. 2000, was modified.

(2.) THE facts, in brief, are that the deceased Jonnada Lakshmi is a resident of Jai Bhimnagar, Kesanakurrapalem of I. Polavaram Mandal. A1 and A2, who are son and father respectively, are residents of vitanalavari Kalavagattu, Amalapuram taluq. A2 is the maternal uncle of the deceased. PW1 is the younger sister of the deceased. A1 took the house of one kovuri Ramanna in their street for rent and kept the deceased and PW1 therein. Due to the promise made by Al that he would marry the deceased, he was allowed to have sexual intercourse with her. When the deceased became pregnant, A1 got her aborted and later, refused to marry her on the abetment of A2. The deceased vexed with her life on such refusal by A1, consumed poison and died on 11. 2. 1994 at 6-00 p. m. On the basis of the report given by PW1 about the unnatural death of her sister, Amalapuram Town Police registered a case in Crime No. 25 of 1994 for the offence punishable under Section 306 IPC against the petitioner-A1 and under Section 306 read with Section 109 IPC against A2. After completion of investigation, charge-sheet was filed before the Additional Judicial First class Magistrate, Amalapuram and as the offence punishable under Section 306 IPC is triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions and it was numbered as S. C. No. 99 of 1998.

(3.) DURING the course of trial, the prosecution examined PWs. 1 to 11 and got marked Exs. Pl to P16 and M. Os. l to 8. The trial Court vide its judgment, dated 21. 7. 2000, found A2 not guilty of the offence punishable under Section 306 read with section 109 IPC, however, found Al guilty of the offence punishable under Section 306 ipc and accordingly, convicted and sentenced to undergo simple imprisonment for a period of 5 years and also to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for a period of six months. As against the said judgment, A1 filed crl. A. No. 279 of 2000 on the file of the vi Additional Sessions Court (Fast Track court) East Godavari, Rajahmundry. The learned Sessions Judge having considered the said appeal, acquitted A1 for the offence punishable under Section 306 IPC, but, convicted him for the offence punishable under Section 417 IPC and sentenced him to undergo simple imprisonment for a period of one year and also to pay a fine of rs. 500/-, in default, to suffer simple imprisonment for one month. As against the said judgment, this revision petition is filed.